# Drunken Disorderly versus Public Intoxication **URL:** \ **Category:** Miscellaneous and Personal Stuff I Must Share\ **Created:** [December 30, 2014, 10:26pm UTC](https://boards.straightdope.com/t/drunken-disorderly-versus-public-intoxication/708573 "2014-12-30T22:26:17Z")\ **Posts on this page:** 20\ **Page:** 1
**Author:** ![Grotonian](https://avatars.discourse-cdn.com/v4/letter/g/c2a13f/32.png) [@Grotonian](https://boards.straightdope.com/u/Grotonian)\ **Post date:** [December 30, 2014, 10:26pm UTC](https://boards.straightdope.com/t/drunken-disorderly-versus-public-intoxication/708573/1 "2014-12-30T22:26:17Z")
I’ve always assumed citations or arrests for “Drunken Disorderly” and “Public Intoxication” were pretty self-explanatory, but I talked to a cop buddy not long ago and he told me they’re essentially the same. That is, no one gets cited for Public Intox without ALSO being some kind of a problem. Being completely drunk in public is not enough to trigger a public intox arrest, or even sustain one. Does anyone know if this is true, that being drunk in public is fine as long as you don’t appear to be a danger to yourself or bothering others? ---
**Author:** ![Czarcasm](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/czarcasm/32/4050_2.png) [@Czarcasm](https://boards.straightdope.com/u/Czarcasm)\ **Post date:** [December 30, 2014, 10:30pm UTC](https://boards.straightdope.com/t/drunken-disorderly-versus-public-intoxication/708573/2 "2014-12-30T22:30:49Z")
I believe the phrase is “Drunk _and_ Disorderly”. ---
**Author:** ![thelurkinghorror](https://avatars.discourse-cdn.com/v4/letter/t/7c8e57/32.png) [@thelurkinghorror](https://boards.straightdope.com/u/thelurkinghorror)\ **Post date:** [December 30, 2014, 10:44pm UTC](https://boards.straightdope.com/t/drunken-disorderly-versus-public-intoxication/708573/3 "2014-12-30T22:44:41Z")
Depends. Some states/localities make public intoxication/“drunk in public” explicitly legal. And if your intoxication makes you a nuisance, they can arrest/cite you, although the charge may not make reference to your inebriated state but specific crimes. E.g. Nevada Revised Statutes 458.260, brackets mine: "Except as otherwise provided in subsection 2 [DUI etc.], the use of alcohol, the status of drunkard and the fact of being found in an intoxicated condition are not: (a) Public offenses and shall not be so treated in any ordinance or resolution of a county, city or town [no local preemption]. (b) Elements of an offense giving rise to a criminal penalty or civil sanction. ---
**Author:** ![Grotonian](https://avatars.discourse-cdn.com/v4/letter/g/c2a13f/32.png) [@Grotonian](https://boards.straightdope.com/u/Grotonian)\ **Post date:** [December 30, 2014, 10:55pm UTC](https://boards.straightdope.com/t/drunken-disorderly-versus-public-intoxication/708573/4 "2014-12-30T22:55:26Z")
No, the charge is “Drunken Disorderly” as opposed to just “Disorderly Conduct.” ---
**Author:** ![I.Dunno](https://avatars.discourse-cdn.com/v4/letter/i/9f8e36/32.png) [@I.Dunno](https://boards.straightdope.com/u/I.Dunno)\ **Post date:** [December 30, 2014, 11:01pm UTC](https://boards.straightdope.com/t/drunken-disorderly-versus-public-intoxication/708573/5 "2014-12-30T23:01:15Z")
> [@Grotonian](#): > > No, the charge is “Drunken Disorderly” as opposed to just “Disorderly Conduct.” Please show a cite for an actual charge of “drunkEN disorderly” in some juristiction. I’ve only ever heard of Drunk AND Disorderly. ---
**Author:** ![Grotonian](https://avatars.discourse-cdn.com/v4/letter/g/c2a13f/32.png) [@Grotonian](https://boards.straightdope.com/u/Grotonian)\ **Post date:** [December 30, 2014, 11:02pm UTC](https://boards.straightdope.com/t/drunken-disorderly-versus-public-intoxication/708573/6 "2014-12-30T23:02:07Z")
LurkingHorror, thanks. So Nevada’s out. They presumably would never list “Public Intoxication” as a crime. For anyone in states with Public Intox laws, has anyone ever heard of a person being arrested just for being drunk, without also bothering others somehow? ---
**Author:** ![susan](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/susan/32/17537_2.png) [@susan](https://boards.straightdope.com/u/susan)\ **Post date:** [December 30, 2014, 11:05pm UTC](https://boards.straightdope.com/t/drunken-disorderly-versus-public-intoxication/708573/7 "2014-12-30T23:05:47Z")
Google search for “drunken disorderly” returns “drunk and disorderly.” > [@](#): > > Public intoxication, also known as “drunk and disorderly”… > **[Public intoxication](https://en.wikipedia.org/wiki/Public_intoxication)** > > Public intoxication, also known as "drunk and disorderly" and "drunk in public", is a summary offense in certain countries related to public cases or displays of drunkenness. Public intoxication laws vary widely by jurisdiction, but usually require an obvious display of intoxicated incompetence or behavior which disrupts public order before the charge is levied. > The Royal Commission into Aboriginal Deaths in Custody (1987–1991) found public drunkenness disproportionately affected Aboriginal peop... ---
**Author:** ![Grotonian](https://avatars.discourse-cdn.com/v4/letter/g/c2a13f/32.png) [@Grotonian](https://boards.straightdope.com/u/Grotonian)\ **Post date:** [December 30, 2014, 11:06pm UTC](https://boards.straightdope.com/t/drunken-disorderly-versus-public-intoxication/708573/8 "2014-12-30T23:06:33Z")
Here’s a cite. It says right at the top “Royal Oak and DrunkEN Disorderly” > **[Royal Oak, 44th District Court: Disorderly Conduct, Drunken Disorderly,...](https://www.michigancriminallawyer-blog.com/royal-oak-and-drunken-disorder/)** > > While there seems to be a push to attract people to the City of Royal Oak for bar hopping, you should know that the Royal Oak police do not tolerate drunken behavior on its streets. Anyone who ... ---
**Author:** ![Xema](https://avatars.discourse-cdn.com/v4/letter/x/9de053/32.png) [@Xema](https://boards.straightdope.com/u/Xema)\ **Post date:** [December 30, 2014, 11:09pm UTC](https://boards.straightdope.com/t/drunken-disorderly-versus-public-intoxication/708573/9 "2014-12-30T23:09:39Z")
> [@Grotonian](#): > > Here’s a cite. It says right at the top “Royal Oak and DrunkEN Disorderly” > [http://www.michigancriminallawyer-blog.com/2013/02/royal-oak-and-drunken-disorder.html](http://www.michigancriminallawyer-blog.com/2013/02/royal-oak-and-drunken-disorder.html) A cite that has the phrase in its headline but nowhere in the article itself isn’t very convincing. ---
**Author:** ![Andy\_L](https://avatars.discourse-cdn.com/v4/letter/a/c67d28/32.png) [@Andy\_L](https://boards.straightdope.com/u/Andy_L)\ **Post date:** [December 30, 2014, 11:09pm UTC](https://boards.straightdope.com/t/drunken-disorderly-versus-public-intoxication/708573/10 "2014-12-30T23:09:44Z")
> [@susan](#): > > Google search for “drunken disorderly” returns “drunk and disorderly.” [Public intoxication - Wikipedia](http://en.wikipedia.org/wiki/Public_intoxication) So does FindLaw [http://criminal.findlaw.com/criminal-charges/public-intoxication.html](http://criminal.findlaw.com/criminal-charges/public-intoxication.html) Furthermore, Google Ngrams shows “drunk and disorderly” as over a 100 times more frequent than “drunken disorderly” [Google Ngram Viewer: drunk and disorderly,drunken disorderly](https://books.google.com/ngrams/graph?content=drunk+and+disorderly%2C+drunken+disorderly&year_start=1800&year_end=2000&corpus=15&smoothing=3&share=&direct_url=t1%3B%2Cdrunk%20and%20disorderly%3B%2Cc0%3B.t1%3B%2Cdrunken%20disorderly%3B%2Cc0) with “drunken disorderly” found in contexts like “he was a drunken, disorderly man” while the “drunk and disorderly” examples are referring to legal charges. ---
**Author:** ![Grotonian](https://avatars.discourse-cdn.com/v4/letter/g/c2a13f/32.png) [@Grotonian](https://boards.straightdope.com/u/Grotonian)\ **Post date:** [December 30, 2014, 11:12pm UTC](https://boards.straightdope.com/t/drunken-disorderly-versus-public-intoxication/708573/11 "2014-12-30T23:12:39Z")
Maybe Drunken Disorderly is a Michigan thing, it’s not my question anyway. Can you get arrested for public drunkenness? I always assumed you could, at least in Michigan, but I now think you also have to be some kind of a nuisance. Anyone ever been arrested or know of anyone having been arrested or ticketed for public drunkenness? ---
**Author:** ![Andy\_L](https://avatars.discourse-cdn.com/v4/letter/a/c67d28/32.png) [@Andy\_L](https://boards.straightdope.com/u/Andy_L)\ **Post date:** [December 30, 2014, 11:16pm UTC](https://boards.straightdope.com/t/drunken-disorderly-versus-public-intoxication/708573/12 "2014-12-30T23:16:25Z")
> [@Grotonian](#): > > Maybe Drunken Disorderly is a Michigan thing, it’s not my question anyway. Can you get arrested for public drunkenness? I always assumed you could, at least in Michigan, but I now think you also have to be some kind of a nuisance. Anyone ever been arrested or know of anyone having been arrested or ticketed for public drunkenness? This cite says that being drunk in public in Michigan may lead to being put into protective custody, but not to being charged with a crime. [http://www.criminaldefenselawyer.com/resources/michigan-public-intoxication-laws.htm](http://www.criminaldefenselawyer.com/resources/michigan-public-intoxication-laws.htm) ---
**Author:** ![Grotonian](https://avatars.discourse-cdn.com/v4/letter/g/c2a13f/32.png) [@Grotonian](https://boards.straightdope.com/u/Grotonian)\ **Post date:** [December 30, 2014, 11:30pm UTC](https://boards.straightdope.com/t/drunken-disorderly-versus-public-intoxication/708573/13 "2014-12-30T23:30:21Z")
> [@Xema](#): > > A cite that has the phrase in its headline but nowhere in the article itself isn’t very convincing. It’s totally convincing. It demonstrates that THAT IS WHAT WE CALL IT IN MICHIGAN. ---
**Author:** ![Chefguy](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/chefguy/32/138_2.png) [@Chefguy](https://boards.straightdope.com/u/Chefguy)\ **Post date:** [December 30, 2014, 11:37pm UTC](https://boards.straightdope.com/t/drunken-disorderly-versus-public-intoxication/708573/14 "2014-12-30T23:37:35Z")
> [@Grotonian](#): > > It’s totally convincing. It demonstrates that THAT IS WHAT WE CALL IT IN MICHIGAN. Well, no. There is the crime of Disorderly Conduct in Michigan, which can include intoxication as an aggravating factor. Public intoxication is NOT a crime in Michigan. [Cite](http://www.criminaldefenselawyer.com/resources/disorderly-conduct-michigan.htm). ---
**Author:** ![Grotonian](https://avatars.discourse-cdn.com/v4/letter/g/c2a13f/32.png) [@Grotonian](https://boards.straightdope.com/u/Grotonian)\ **Post date:** [December 30, 2014, 11:49pm UTC](https://boards.straightdope.com/t/drunken-disorderly-versus-public-intoxication/708573/15 "2014-12-30T23:49:15Z")
> [@Andy\_L](#): > > This cite says that being drunk in public in Michigan may lead to being put into protective custody, but not to being charged with a crime. [http://www.criminaldefenselawyer.com/resources/michigan-public-intoxication-laws.htm](http://www.criminaldefenselawyer.com/resources/michigan-public-intoxication-laws.htm) Well, it says you can be charged with public intox when you are also charged with another crime, the example cited is property damage. That part I conceded in the OP. My question for the Dopers is: does anyone know of an arrest/citation for drunkenness/public intox that wasn’t precipitated by some other bad behavior on the part of the accused? For example, cop pulls over a carfull of drunks. Driver is arrested, obviously, but now there are 4 drunks standing on the sidewalk bothering no one and calling a cab. Do they get ticketed? I’ve never heard of it, but I suppose if it’s illegal to be drunk in public, they could. (I had always assumed they could, but now I think not.) ---
**Author:** ![Grotonian](https://avatars.discourse-cdn.com/v4/letter/g/c2a13f/32.png) [@Grotonian](https://boards.straightdope.com/u/Grotonian)\ **Post date:** [December 30, 2014, 11:58pm UTC](https://boards.straightdope.com/t/drunken-disorderly-versus-public-intoxication/708573/16 "2014-12-30T23:58:53Z")
> [@Chefguy](#): > > Well, no. There is the crime of Disorderly Conduct in Michigan, which can include intoxication as an aggravating factor. Public intoxication is NOT a crime in Michigan. [Cite](http://www.criminaldefenselawyer.com/resources/disorderly-conduct-michigan.htm). Except that it has been established through other citations that people DO get charged with Public Intox in Michigan, the caveat being that ONLY when charged with something else, as well. One example was a drunk who drives into a store: charged with the property damage, charged with drunk driving, ALSO charged with public intox (but not disorderly conduct.) ---
**Author:** ![Procrustus](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/procrustus/32/2994_2.png) [@Procrustus](https://boards.straightdope.com/u/Procrustus)\ **Post date:** [December 31, 2014, 12:07am UTC](https://boards.straightdope.com/t/drunken-disorderly-versus-public-intoxication/708573/17 "2014-12-31T00:07:43Z")
Bars are public places, and are often full with intoxicated people. I have a hard time believing simply being drunk in public is a crime. And, if a crime, I have an even harder time believing any police officer would arrest you for it unless you’re 1) causing other problems, or 2) homeless. ---
**Author:** ![thelurkinghorror](https://avatars.discourse-cdn.com/v4/letter/t/7c8e57/32.png) [@thelurkinghorror](https://boards.straightdope.com/u/thelurkinghorror)\ **Post date:** [December 31, 2014, 12:14am UTC](https://boards.straightdope.com/t/drunken-disorderly-versus-public-intoxication/708573/18 "2014-12-31T00:14:41Z")
> [@Czarcasm](#): > > I believe the phrase is “Drunk _and_ Disorderly”. For all intensive purposes, they’re the same thing. > [@Grotonian](#): > > Except that it has been established through other citations that people DO get charged with Public Intox in Michigan, the caveat being that ONLY when charged with something else, as well. One example was a drunk who drives into a store: charged with the property damage, charged with drunk driving, ALSO charged with public intox (but not disorderly conduct.) IANAL, but with a DUI charge I’d think that public intoxication would be easy to plea bargain away at that point, but a lesser charge (could) stick instead if the larger one drops for some reason. ---
**Author:** ![Canadjun](https://avatars.discourse-cdn.com/v4/letter/c/76d3ee/32.png) [@Canadjun](https://boards.straightdope.com/u/Canadjun)\ **Post date:** [December 31, 2014, 12:21am UTC](https://boards.straightdope.com/t/drunken-disorderly-versus-public-intoxication/708573/19 "2014-12-31T00:21:17Z")
> [@thelurkinghorror](#): > > For all intensive purposes, they’re the same thing. Goes along with driving wrecklessly and with undue care and attention. ---
**Author:** ![chiroptera](https://avatars.discourse-cdn.com/v4/letter/c/df705f/32.png) [@chiroptera](https://boards.straightdope.com/u/chiroptera)\ **Post date:** [December 31, 2014, 12:21am UTC](https://boards.straightdope.com/t/drunken-disorderly-versus-public-intoxication/708573/20 "2014-12-31T00:21:43Z")
> [@Grotonian](#): > > Here’s a cite. It says right at the top “Royal Oak and DrunkEN Disorderly” > [http://www.michigancriminallawyer-blog.com/2013/02/royal-oak-and-drunken-disorder.html](http://www.michigancriminallawyer-blog.com/2013/02/royal-oak-and-drunken-disorder.html) I’m also in Michigan. A friend’s college-age son was neither drunk nor disorderly, but he was drinking beer in public and got charged under this part of the bill only (or a similar one in a different MI city, I think Grand Rapids.) He was not in a bar, but on a sidewalk outside of one with a bottle of beer. > [@](#): > > F. Possesses or consumes alcoholic liquor in any public park, public place of amusement, or area under the jurisdiction of the City of Royal Oak that is owned and/or administered by the City of Royal Oak; It went to court and the kid got some sort of fine or plea bargain. [Next page](https://boards.straightdope.com/t/drunken-disorderly-versus-public-intoxication/708573.md?page=2)